Libel Case a Warning to Netizens
Thu, 17 June 1999, 03:53 pmGrant Malcolm2 posts in thread
Libel Case a Warning to Netizens
Thu, 17 June 1999, 03:53 pmSome time ago the editor of the ITA Link newsletter, David Crewes, published a warning about publishing potentially defamatory information on the Internet. David referred in passing to legal action brought by a UK academic, Lawrence Godfrey, against a Victorian Internet Service Provider.After scouring the 'net for details, it appears to me that the man concerned has been posting deliberately inflammatory comments on public newsgroups inciting people to respond in a derogatory and defamatory manner. From my reading, when some people have injudiciously responded to Godfrey in a libelous manner, he sues.Most recently, Godfrey has taken legal action against Demon Internet in the UK for failing to remove messages that he told them were defamatory of him. One of the judgements from the High Court of Justice in the UK reads in part:"In my judgment there is material upon which the Defendants can assert that the action is not brought bona fide for purpose of vindicating the Plaintiff's reputation and recovering compensation for true injury to his reputation and feelings.Although I appreciate that the sample of the postings which I have set out is eclectic and some eighty postings are pleaded which themselves according to Mr Rushbrooke [for Godfrey] are only a small proportion of over three thousand postings made by the Plaintiff, it could well be submitted that these postings are puerile, unseemly and provocative. In effect they invite vulgar and abusive response. As Mr Barca [for Demon Internet] put it these posting are designed to tempt people to overstep the mark and defame the Plaintiff so that he can sue."I personally find Godfrey's actions loathesome, but you may be fascinated to read some of the court transcripts. Check out the links below and be careful what you say.CheersGrantAnother link to proceedings
Grant MalcolmThu, 17 June 1999, 03:53 pm
Some time ago the editor of the ITA Link newsletter, David Crewes, published a warning about publishing potentially defamatory information on the Internet. David referred in passing to legal action brought by a UK academic, Lawrence Godfrey, against a Victorian Internet Service Provider.After scouring the 'net for details, it appears to me that the man concerned has been posting deliberately inflammatory comments on public newsgroups inciting people to respond in a derogatory and defamatory manner. From my reading, when some people have injudiciously responded to Godfrey in a libelous manner, he sues.Most recently, Godfrey has taken legal action against Demon Internet in the UK for failing to remove messages that he told them were defamatory of him. One of the judgements from the High Court of Justice in the UK reads in part:"In my judgment there is material upon which the Defendants can assert that the action is not brought bona fide for purpose of vindicating the Plaintiff's reputation and recovering compensation for true injury to his reputation and feelings.Although I appreciate that the sample of the postings which I have set out is eclectic and some eighty postings are pleaded which themselves according to Mr Rushbrooke [for Godfrey] are only a small proportion of over three thousand postings made by the Plaintiff, it could well be submitted that these postings are puerile, unseemly and provocative. In effect they invite vulgar and abusive response. As Mr Barca [for Demon Internet] put it these posting are designed to tempt people to overstep the mark and defame the Plaintiff so that he can sue."I personally find Godfrey's actions loathesome, but you may be fascinated to read some of the court transcripts. Check out the links below and be careful what you say.CheersGrantAnother link to proceedings
Grant MalcolmFri, 31 Mar 2000, 12:10 pm
Libel Case a Warning for ITA site!
A quick follow up on an item from June last year.
A court case in the UK has just been settled that has serious ramifications for internet service providers and people operating message boards like the ones here on the ITA website.
According to a BBC report, prominent UK service provider, Demon Internet, settled with the plaintiff when a judge ruled that Demon's failure to take down defamatory material about Dr Laurence Godfrey, placed on the internet by other parties, left Demon open to accusations of libel.
The BBC Report:
Other commentary:
My reading of this is that if someone posts defamatory material on this site, either i, the ITA, Informed Technology or all of us might be held liable if we refuse to remove the potentially defamatory material.
While i don't in anyway condone the publishing of libelous statements, i am appalled at the potential damage to freedom of speech.
The effect of this court decision is that in a robust debate one party in the discussion, rather than replying to the argument, could simply demand that the internet service provider or web administrator remove the other person's post.
The ISP or web admin is left with little or no choice. They either retain skilled staff to examine each demand for removal - expensive and open to costly error - or they immediately remove every posting they are asked to - effectively sterilising debate to the level of a corporate sales brochure.
I will certainly continue to follow developments closely, but in the meantime, if i am asked by someone to remove material that they consider defamatory, i will really have no alternative but to do so.
As an entirely separate issue, it's interesting to examine the circumstances of this particular case. My previous post on this matter notes that a judgement from the High Court of Justice in the UK seriously questioned the motives of Dr Godfrey, the plaintiff:
"In my judgment there is material upon which the Defendants can assert that the action is not brought bona fide for purpose of vindicating the Plaintiff's reputation and recovering compensation for true injury to his reputation and feelings."
"...a small proportion of over three thousand postings made by the Plaintiff [Godfrey], it could well be submitted that these postings are puerile, unseemly and provocative. In effect they invite vulgar and abusive response. As Mr Barca [for Demon Internet] put it these posting are designed to tempt people to overstep the mark and defame the Plaintiff [Godfrey] so that he can sue."
So the next time you read an inflammatory posting and are tempted to fight fire with fire...
More information on Dr Godfrey:
Cheers
Grant
A court case in the UK has just been settled that has serious ramifications for internet service providers and people operating message boards like the ones here on the ITA website.
According to a BBC report, prominent UK service provider, Demon Internet, settled with the plaintiff when a judge ruled that Demon's failure to take down defamatory material about Dr Laurence Godfrey, placed on the internet by other parties, left Demon open to accusations of libel.
The BBC Report:
Other commentary:
My reading of this is that if someone posts defamatory material on this site, either i, the ITA, Informed Technology or all of us might be held liable if we refuse to remove the potentially defamatory material.
While i don't in anyway condone the publishing of libelous statements, i am appalled at the potential damage to freedom of speech.
The effect of this court decision is that in a robust debate one party in the discussion, rather than replying to the argument, could simply demand that the internet service provider or web administrator remove the other person's post.
The ISP or web admin is left with little or no choice. They either retain skilled staff to examine each demand for removal - expensive and open to costly error - or they immediately remove every posting they are asked to - effectively sterilising debate to the level of a corporate sales brochure.
I will certainly continue to follow developments closely, but in the meantime, if i am asked by someone to remove material that they consider defamatory, i will really have no alternative but to do so.
As an entirely separate issue, it's interesting to examine the circumstances of this particular case. My previous post on this matter notes that a judgement from the High Court of Justice in the UK seriously questioned the motives of Dr Godfrey, the plaintiff:
"In my judgment there is material upon which the Defendants can assert that the action is not brought bona fide for purpose of vindicating the Plaintiff's reputation and recovering compensation for true injury to his reputation and feelings."
"...a small proportion of over three thousand postings made by the Plaintiff [Godfrey], it could well be submitted that these postings are puerile, unseemly and provocative. In effect they invite vulgar and abusive response. As Mr Barca [for Demon Internet] put it these posting are designed to tempt people to overstep the mark and defame the Plaintiff [Godfrey] so that he can sue."
So the next time you read an inflammatory posting and are tempted to fight fire with fire...
More information on Dr Godfrey:
Cheers
Grant